1. Both the appeals arise out of an order passed by the Patna Bench of the Income Tax Tribunal.

2. Both the appeals have been admitted by order dated 3.9.2003 on the following substantial question of law:

"Where interest is to be levied on the tax determined on the basis of return income or on the assessed income in view of the amendments made in Sections 234A and 234B of the Income Tax Act?"

3. When the matter is taken up Mr. Vikash Jain appearing on behalf of the respondent assessee prays for dismissal of the appeal only on the ground that in view of insertion of Section 268A of the Income Tax Act, by Finance Act, 2008 with effect from 1.4.1999 read with the notification of Central Board of Direct Taxes dated 28.10.1992 fixing the monetary limit for filing these appeals, these appeals are not fit to be entertained and adjudicated.

4. It is not in dispute that tax/revenue effect in both the cases, is less than Rs. 50,000/- each. It is further not in dispute that the Central Board of Direct Taxes vide notification dated 28.10.1992 had decided not to make any reference before the High Court where the revenue effect is less than Rs. 50,000/-. It is further not in dispute that